54 S.E. 782 | N.C. | 1906
Plaintiff sued for possession of certain logs described in his complaint. After the testimony was in, counsel stated to the Court that he would contend that he had by his testimony proven that the person under whom plaintiff claimed and defendant were tenants in common of the lands from which the logs were cut, and also tenants in common of the logs in controversy; that defendant took them by force from his possession. His Honor intimated that if plaintiff established such state of facts he would instruct the jury that he was not entitled to recover; whereupon plaintiff excepted, and submitted to a judgment of nonsuit and appealed. The sole question presented upon the appeal is whether his Honor was correct in the instruction which he proposed to give the jury. Plaintiff concedes the well-established principle that one tenant in common, or joint owner of personal property, can not maintain an action against the other tenant or owner to recover the exclusive possession of the property. Grim v. Wicker,
The judgment of the nonsuit must be
Affirmed.